Charlotte home and Democrat., 1887-03-18
New Laws passed by the late N. 9.
Legislature.
ACT IN REGARD TO COURTS.


The General Assembly of North Caro-
lima do enact: Section l. The stay of ex-
ecution provided for in Title Is, Chap. 10
of the Code, shall not be construed TO va
cate the Judgment appealed from, but in
all cases said judgment shall remain IN.
impaired, notwithstanding the giving of
the undertaking or making the deposit re-
quired 10 said title, until the judgment
appealed from is reversed or modified by
the Supreme Court.
Sec. 2. That section 435 of the Code is
amended by striking out all after the
word "thereupon" in the fourth line from
the end of said section, and substituting
the following, "no execution shall issue
upon such judgment during the pendency
of said appeal.
SEQ 3. That section 968 of the Code
shall be amended by striking out in first
line of said section the words Immediate.
ly after the rise of each term thereof and
insert in lieu thereof the words, "or the
frat Monday in eaCh month";" aud by in
serting after the word "court" in fourth
line of said section the words, "which
shall have been on file ten days"
Sec 4. That section 9e2 of the Code be
, amended by adding to the end thereof the
following paragraphs: SIN civil cases, at
the first term OF the Superior Court after
such certificate is received if the judgment
is affirmed, the court below shall direct
the execution thereof to proceed and if said
judgment is modified, shall direct its mod
i6cation and performance. If a new trial
is ordered, the case shall stand in it's regu-
lar order on the docket for trial at such first
frat tornn ha roooiOk Of sold oartifi.
cate from the Supreme Court. In crimi-
nal cases the clerk OF the Superior Court
on all cases where the judgment has been
affirmed Except where the conviction is of
capital felony), shall forthwith on re-
ceipt of the certificate of the opinion of
the Supreme Court, notify the sheriff, whe
shall proceed to execute the sentence ap-
pealed from. In criminal cases where the
judgment is not affirmed, the cases shall
be placed upon the docket for trial at the
ensuing term of the court after the receipt
Of such certificate. In all cases of affirm
ance of a sentence for a capital felony, the
clerk OF the Supreme Court at the same
time that the decision of the Supreme
Court is certified down to the Superior
Court shall send duplicate thereof to the
Governor, who shall Immediately issue his
"oTTAut uuucT Lne great seal OI lue ctaLo
to the sheriff of the county in which the
appellant was sentenced, directing him to
execute the death penalty on day TO be
specified in said warrant, not less than 80
days from the date of said warrant; but
this shall not deprive the Governor of the
power to pardon or reprieve the defend
ant, or commute the sentence.
Sec 5. Section l, ,234 of the Code shall be
amended by adding TO the end thereof the
following, "but no appeal shall have the
effect of vacating the judgment appealed
from, bnt upon perfecting the appeal as re-
quired by law, or upon appeal perfected in
lorna pauperis the judge shall direct a
stay of execution during the tendency of
said appeal. Where the sentence in
whole or in part directs the payment of
fine the judgment shall be placed on the
judgment docket and be a lien on the real
estate Of the defendant in the same man.
ner as Judgments in civil cases, and execu-
tion thereon shall be stopped only on Civ
ing adequate security in like manner as is
required in civil cases. Should the judg-
ment be affirmed, the clerk of the Superior
Court on receipt of the certificate from the
Supreme Court shall issue execution upon
the judgment.
Sec 6. All laws and clauses of laws in
conflict with this act are hereby repealed.
Sec 7. This act shall be 10 force from it's
ratification.
Ratified, March 4, 1881